Recently, the book Experimental Use and Bolar Exemptions (ISBN 9789403518695) was published in the AIPPI Law series. It provides a comparative overview for legislators, lawyers, and companies on the scope of patent protection, with a focus on two important exceptions: the exemption for experimental use and the Bolar exemption.
The exemption that places experimental use outside the scope of patent protection stems from 19th-century case law and has since been part of patent legislation worldwide. The Bolar exemption was introduced in the 1980s and allows research aimed at producing generic versions of medicines to be permitted under certain conditions. Both exemptions are interpreted differently around the world, leading to uncertainty about exactly which activities are permitted. This book discusses the scope of both exemptions from patent protection in 42 jurisdictions based on the most recent case law. The chapter discussing the Dutch situation was written by Martin Klok (V.O.) and Stefan van Kolfschooten (Pinsent Masons).
